Legal/Public Notices for 11-17-2009

SUBSTITUTE TRUSTEE’S SALE
Sale at public auction will be on November 24, 2009 at 2:00 PM Central Standard Time, at the north door, Cannon County Courthouse, Woodbury, Tennessee pursuant to Deed of Trust executed by Edmund Bruzzese and Ivis A. Bruzzese, husband and wife to Brent S. Knight, Trustee, on January 26, 2006 at Book 96, Page 438 and conducted by Shapiro & Kirsch, LLP Substitute Trustee, all of record in the Cannon County Register’s Office.
Owner of Debt: Beneficial Tennessee, Inc.
The following real estate located in Cannon County, Tennessee, will be sold to the highest call bidder subject to all unpaid taxes, prior liens and encumbrances of record:
Described property located in the Sixth (6th) Civil District of Cannon County, Tennessee, to wit:
Lot Number 15, Beaver Dam Estates Subdivision, Section II, according to plat of same of record in Plat Book 1, Page 100, of the Register’s Office of Cannon County, Tennessee.
Said Lot Number 15 has a frontage of 115 feet on Kimela Drive, a backline of 115 feet, a north boundary line of 150.6 feet, and a south boundary line of 151 feet.
Street Address: 116 Kimela Drive, Woodbury, TN 37190
Current Owner(s) of Property: Edmund Bruzzese
The street address of the above-described property is believed to be 116 Kimela Drive, Woodbury, TN 37190, but such address is not part of the legal description of the property sold herein and in the event of any discrepancy, the legal description herein shall control.
SALE IS SUBJECT TO TENANT(S) RIGHTS IN POSSESSION.
All right of equity of redemption, statutory and otherwise, and homestead are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.
The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above.
If the highest bidder cannot pay the bid within twenty-four (24) hours of the sale, the next highest bidder, at their highest bid, will be deemed the successful bidder.
This property is being sold with the express reservation that the sale is subject to confirmation by the lender or trustee. This sale may be rescinded at any time.
This office is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.
Shapiro & Kirsch, LLP Substitute Trustee
www.kirschattorneys.com
Law Office of Shapiro & Kirsch, LLP
6055 Primacy Parkway, Suite 410
Memphis, TN 38119
Phone 901-767-5566
Fax 901-767-8890
File No. 09-021685
3t-Nov. 3, 10, 17

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SUBSTITUTE TRUSTEE’S SALE
WHEREAS, default having been made in the payment of the debts and obligations secured to be paid by that certain Deed of Trust executed on August 30, 2006, by Clyde C. McCord and Leann McCord to Stonecrest Title & Escrow Co., LLC, Trustee, as same appears of record in the Register’s Office of Cannon County, Tennessee, under Book No. 89, Page 841, (“Deed of Trust”); and
WHEREAS, U.S.Bank National Association, as Trustee for ABFC 2006-HE1 Trust, the current owner and holder of said Deed of Trust, (the “Owner and Holder”), appointed the undersigned, Nationwide Trustee Services, Inc., as Substitute Trustee by instrument filed for record in the Register’s Office of Cannon County, Tennessee, with all the rights, powers and privileges of the original Trustee named in said Deed of Trust; and
NOW, THEREFORE, notice is hereby given that the entire indebtedness has been declared due and payable as provided in said Deed of Trust by the Owner and Holder, and that the undersigned, Nationwide Trustee Services, Inc., Substitute Trustee, or his duly appointed attorneys or agents, by virtue of the power and authority vested in him, will on Thursday, December 3, 2009, commencing at 12:00 PM at the Main Entrance of the Cannon County Courthouse, Woodbury, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Cannon County, Tennessee, to wit:
Land in Cannon County, Tennessee, being all of Lot No. 11, Section One. Forrest Park Subdivision, according to plat appearing of record in Plat Book 1, Pages 43-44, of the Register’s Office of Cannon County, Tennessee, to which plat reference is here made for more complete details of location and description of said lot.
Being the same property conveyed to Clyde C. McCord and wife, LeAnn McCord by special warranty deed from JP Morgan Chase Bank, as trustee, dated August 30, 2006, appearing of record in Book 89, Page 839, of the Register’s Office of Cannon County, Tennessee.
PROPERTY ADDRESS: 205 West Terrace Street, Woodbury, TN 37190
CURRENT OWNER(S): Clyde C. McCord and Leann McCord
The sale of the above-described property shall be subject to all matters shown on any recorded plan; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and any matter that an accurate survey of the premises might disclose.
Subordinate Lienholders: DOT from Clyde and Leann McCord to Builder’s Choice Mortgage i/a/o $17,700.00, being last assigned to Nationstar Mortgage, LLC.
Other interested parties: N/A
All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee.
The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above.
This is an attempt to collect a debt. Any information obtained will be used for that purpose.
Nationwide Trustee Services, Inc., Substitute Trustee
c/o SBS
Nationwide Trustee Services, Inc.
1587 Northeast Expressway
Atlanta, GA 30329
(770) 234-9181 (ext. )
File No.: 416.0935331TN
Web Site: www.msplaw.com
Insertion Dates: 11/010/2009, 11/17/2009, 11/24/2009

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NON-RESIDENT NOTICE
STATE OF TENNESSEE, COUNTY OF
Hamilton County

In Re: Jacob Tyler Nunnally
D.O.B.: December 21, 1998

Benjamin Gray Elliott and Rachel Elizabeth Elliott
VS.
Nathan Todd

In Re: Docket # 09A217

It appearing from the allegations in Plaintiff’s Bill, which is sworn to, that the defendant is a non-resident of Hamilton County in the State of Tennessee so that the ordinary process of law cannot be served upon “Nathan Todd” biological father of Jacob Tyler Nunnally, a male child born to Rachel Elizabeth Elliott in Hamilton County, Tennessee, on December 21, 1998.
It is ordered that publication be made for four successive weeks in “The Cannon Courier”, a newspaper of general circulation published in Woodbury, Tennessee, notifying said non-resident that unless “Nathan Todd” answers and makes defense to said complaint in the offices of the Circuit Court Clerk of Hamilton County, Tennessee, within thirty (30) days after the fourth weekly publication of this order, the same will be taken as admitted by “Nathan Todd” and the case will be set for hearing ex parte or without “Nathan Todd” being present.
This 22nd day of October 2009
PAULA T. THOMPSON, CLERK
Hamilton County Circuit Court
By: Al Bewen, D.C.
Deputy Clerk
Attorney for Plaintiff
Michael Jennings
130 Jordan Drive
Chattanooga, TN 37421
4t-Oct. 27, Nov. 3, 10, 17

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SUBSTITUTE TRUSTEE’S NOTICE OF FORECLOSURE SALE
Default having been made in the terms, conditions, and payments provided in a certain Deed of Trust dated March 15, 2002, executed by DWAYNE JOHNSON AND DONNA JOHNSON, HUSBAND AND WIFE, to FMLS, INC., Trustee, of record in Record Book 26, Page 499, in the Register’s Office for Cannon County, Tennessee and to J. Phillip Jones, appointed as Substitute Trustee in an instrument of record in the Register’s Office for CANNON County, Tennessee, to secure the indebtedness described, the entire indebtedness having been declared due and payable by Regions Bank, Successor By Merger To Amsouth Bank, as provided in said Deed of Trust, I, J. Phillip Jones, will by virtue of the power and authority vested in me as Substitute Trustee, on FRIDAY, DECEMBER 4, 2009, AT 11:00 A.M., AT THE FRONT DOOR OF THE CANNON COUNTY COURTHOUSE, WOODBURY, CANNON COUNTY, TENNESSEE, sell to the highest bidder for cash, free from the equity of redemption, homestead, and dower, and all other exemptions which are expressly waived, and subject to any unpaid taxes, if any, the following described property in CANNON County, Tennessee, to wit:
Property located in the county of Cannon, Tennessee:
Situated in the Sixth (6th) Civil District of Cannon County, Tn. a certain house and lot in the Town of Woodbury in the Eastland Heights Addition To The Town of Woodbury bounded on the North by Hayes Street; on the South by the Old Manchester Road; on the East by Charles Allen Stephens; and, bounded on the West by Sauls and Smith.
Being the same property conveyed to Dwayne Johnson and wife, Donna Johnson, by Deed dated April 8, 1997, of Record in Book 174, Page 300, in the Register’s Office of Cannon County, Tennessee.
This is improved property known as 209 Hayes Street, Woodbury, Tennessee 37190.
Map 039N Group C Parcel 019.00
The sale of the subject property is without warranty of any kind, and is further subject to the right of any tenant(s) or other parties or entities in possession of the property.
This sale is subject to any unpaid taxes, if any, any prior liens or encumbrances leases, easements and all other matters of record including but not limited to the priority of any fixture filing. If the U.S. Department Of The Treasury/ Internal Revenue Service, The State Of Tennessee Department Of Revenue, Or The State Of Tennessee Department Of Labor And Work Force Development are listed as interested parties in the advertisement, then the notice of this foreclosure is being given to them, and the sale will be subject to the applicable governmental entities right to redeem the property, all as required by 26 U.S.C. 7425 and T.C.A. 67-1-1433.
The right is reserved to adjourn the day of the sale to another day, time and place certain without further publication, upon announcement at the time and place for the sale set forth above. The trustee/substitute trustee reserves the right to rescind the sale
In the event the highest bidder does not honor the highest bid within 24 hours, the next highest bidder at the next highest bid will be deemed the successful bidder.
Other interested parties: Beneficial Tennessee Inc.
This is an attempt to collect a debt and any information obtained will be used for that purpose.
This day, October 30, 2009. This is improved property known as 209 HAYES STREET, WOODBURY, TENNESSEE 37190.
J. PHILLIP JONES, Substitute Trustee
J. PHILLIP JONES ATTORNEY FOR Substitute Trustee
Suite C-205, Nashville House
One Vantage Way
Nashville, Tn 37228
(615) 254-4430
3t-Nov. 3, 10, 17

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NOTICE OF SUBSTITUTE TRUSTEE`S SALE
Whereas, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated July 15, 2004, executed by AUGUST WAYNE PENDERGRASS AND MICHELLE L. PENDERGRASS, AUGUST WAYNE PENDERGRASS, conveying certain real property therein described to Robert M. Wilson, Jr., as Trustee, as same appears of record in the Register’s Office of Cannon County, Tennessee recorded on July 22, 2004 at Book/Instrument No. 61, Page 445-452; and
Whereas, the beneficial interest of said Deed of Trust was last transferred and assigned to Bank of America, N.A. as successor by merger to Countrywide Bank, FSB who is now the owner of said debt; and
Whereas, the undersigned, Everett L. Hixson, Jr., having been appointed by as Substitute Trustee by instrument to be filed for record in the Register’s Office of Cannon County, Tennessee.
Now, Therefore, notice is hereby given that the entire indebtedness has been declared due and payable, and that the undersigned, Everett L. Hixson, Jr., as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee will, on December 10, 2009 at 02:00 PM at the Cannon County courthouse door where the foreclosure sales are customarily held at the Cannon Courthouse, located in Woodbury, Tennessee, proceed to sell at public outcry to the highest and best bidder for cash, the following described property situated in Cannon County, Tennessee, to wit:
Being all of Lot No. 6 of Indian Springs, Phase V, according to survey and plat of same appearing of record in Plat Cabinet 2, Slide 2-38B, Register`s Office of Cannon County, Tennessee, to which Plat reference is hereby made for a more complete description.
Being the same property conveyed to August Wayne Pendergrass and Wife, Michelle L. Pendergrass, by Deed of Record in Book 61, Page 443, said Register`s Office.
The conveyance is subject to all easements, restrictive covenants and conditions, and matter of record, including all items set out on any applicable plat of record.
PROPERTY ADDRESS: The street address of the property is believed to be 165 Gilley Hill Road, Bradyville, TN 37026. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control.
CURRENT OWNER(S): August Wayne Pendergrass, Michelle L. Pendergrass
OTHER INTERESTED PARTIES: Ascend Federal Credit Union; Beneficial Tennessee Inc.
The sale of the above-described property shall be subject to all matters shown on any recorded plat; any unpaid taxes; any restrictive covenants, easements or set-back lines that may be applicable; any prior liens or encumbrances as well as any priority created by a fixture filing; and to any matter that an accurate survey of the premises might disclose. This property is being sold with the express reservation that it is subject to confirmation by the lender or Substitute Trustee. This sale may be rescinded at any time. The right is reserved to adjourn the day of the sale to another day, time, and place certain without further publication, upon announcement at the time and place for the sale set forth above. All right and equity of redemption, statutory or otherwise, homestead, and dower are expressly waived in said Deed of Trust, and the title is believed to be good, but the undersigned will sell and convey only as Substitute Trustee. The Property is sold as is, where is, without representations or warranties of any kind, including fitness for a particular us or purpose.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Everett L. Hixson, Jr., Substitute Trustee
Rubin Lublin Suarez Serrano, LLC
One Park Place, Suite 380
6148 Lee Highway
Chattanooga, TN 37421
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
Tel: (888) 890-5309
Fax: (423) 296-1882
3t-Nov. 17, 24, Dec. 1